Ordinance 2018-53 ORDINANCE NO. 18 - 53
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 99-97, THE COLLIER TRACT 21
PLANNED UNIT DEVELOPMENT BY ALLOWING AUTOMOTIVE
VEHICLE DEALERS AS A PRINCIPAL USE; ALLOWING A
HOTEL UP TO 200 ROOMS INSTEAD OF 100 ROOMS, AND
ESTABLISHING A TRAFFIC TRIP CAP FOR THE COMMERCIAL
TRACT; PROVIDING A PARKING DEVIATION FOR A LUXURY
AUTOMOBILE DEALERSHIP; AND BY PROVIDING AN
EFFECTIVE DATE. THE COMMERCIAL PARCEL, CONSISTING
OF 3.4+/- ACRES OF THE 267.44 ACRE PUD, IS LOCATED ON
THE WEST SIDE OF US 41 AND APPROXIMATELY 2,200 FEET
NORTH OF 111TH AVENUE IN SECTION 21, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[PL20180000037]
WHEREAS, on December 14, 1999, the Board of County Commissioners approved
Ordinance Number 99-97, which established the Planned Unit Development (PUD) now known
as the Collier Tract 21 PUD; and
WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. representing The Old
Collier Golf Club, Inc., petitioned the Board of County Commissioners of Collier County,
Florida, to amend Ordinance 99-97, the Collier Tract 21 PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to Section 1.6, Statement of Consistency with the Growth
Management Plan, of the Planned Unit Development Document attached
to Ordinance No. 99-97, Collier Tract 21 PUD.
Section 1.6, Statement of Consistency with the Growth Management Plan, of the Planned
Unit Development Document attached to Ordinance Number 99-97, the Collier Tract 21 PUD, is
hereby amended to read as follows:
1.6 STATEMENT OF CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN
The development of Collier Tract 21 as a Planned Unit Development is was consistent
with the planning goals, objectives and policies of Collier County's Growth Management
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Plan at the time of approval of Ordinance 99-97, and remains consistent with the
applicable goals, objectives and policies of Collier County's Growth Management Plan,
at the time of approval of the PUD Amendment, given the addition of the +/- 3.40 acre
commercial tract to Activity Center # 2. -- •- - •- • - - •-- -
implementing ordinances. This PUD represents a reduction of density, intensity and
resultant impacts from the 800 &veiling units authorized in Ordinance No. 90 45 to no
portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center,
which is legally described in Section 1.2 of the PUD document.
Consistency with the goal requiring well planned and compatible land uses and objectives
SECTION TWO: Amendments to Section 2.3, Description of Project Plan and Proposed
Land Uses, of the Planned Unit Development Document, attached to
Ordinance No. 99-97, Collier Tract 21 PUD
Section 2.3, Description of Project Plan and Proposed Land Uses, attached to Ordinance
No. 99-97, Collier Tract 21 PUD, is hereby amended to read as follows:
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan is illustrated graphically by Exhibit "A", PUD Master
Plan. There shall be four (4) land use parcels. The master plan also includes water
management systems. The project parcels will be grouped according to the
following land use categories:
Land Use Tracts
"G": Golf course, +/- 170.5 acres
"C": Commercial, up to 50,000 square feet of gross leasable floor area,ene and
up to two hundred hotel or motel rooms, all subject to the maximum trip
rate established in Section 6.4, paragraph e., +/- 3.4 acres
"L": Lake, +/- 29 acres
"RS": Reserve, +/- 64.5 acres
TOTAL ±267.4 acres
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SECTION THREE: Amendments to Section III, Commercial, of the Planned Unit
Development Document, attached to Ordinance No. 99-97, Collier
Tract 21 PUD
Section III, Commercial, attached to Ordinance No. 99-97, Collier Tract 21 PUD, is
hereby amended to read as follows:
* * * * * * * * * * * * *
3.2 MAXIMUM SQUARE FOOTAGE
A maximum of 50,000 square feet of gross leasable area may be constructed on Tract "C"
with permitted uses provided for under Section 3.3.A.1. of this PUD and up to 200 hotel
or motel rooms, all subject to the maximum trip rate established in Section 6.4,paragraph
e. If a hotel with accessory uses is developed on Tract "C", the maximum square footage
shall be reduced by 225 square feet for every hotel room.
3.3 USES PERMITTED
No building or strucure, or part thereof, shall be erected altered or used, or lands used, in
whole or part, for other than the following:
A. Principal Uses
1. All uses allowed as permitted and conditional uses in the C-3 district as of the
effective date of the Collier Tract 21 PUD Ordinance,
2. Hotels and motels not to exceed 100 units.
3. Automotive vehicle dealers (5511)
3:4.Any uses permitted on Golf Course and Lake Tracts.
4. 5.Any other use which is comparable in nature with the foregoing uses which the
Planning Services Manager determines to be compatible with the intent of this
PUD disttrict.
* * * * * * * * * * * * *
SECTION FOUR: Amendments to Section 6.4, Transportation, attached to
Ordinance No. 99-97 and adding General Commitments
Section VI, General Development Commitments, and Section 6.4, Transportation,
attached to Ordinance No. 99-97, Collier Tract 21 PUD, is hereby amended to read as
follows:
* * * * * * * * * * * * *
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6.4 TRANSPORTATION
A. Golf course maintenance/service driveways shall be permitted on Vanderbilt
Drive, 111th Avenue and Walkerbilt Road.
B. Prior to or at the time of completion of construction of the last of the Commercial
Tract or Golf Course Tracts, the Developer shall provide street lighting at the
project entrance, but lighting shall not be required for maintenance/service
driveways.
C. If gate houses are to be used, they shall be located so as not to cause entering
vehicles to be backed onto any State of County road.
D. Road impact fees shall be in accordance with the schedule contained in Ordinance
92-22, or as may be amended, and shall be paid at the time building permits are
issued unless otherwise approved by the Board of County Commissioners.
E. The maximum total daily trip generation for the 3.40 acre commercial tract of the
PUD will not exceed 244 two-way pm peak hour net trips. Trips will be based on
the use codes in the ITE Manual on trip generation rates in effect at the time of
application for SDP/SDPA or subdivision plat approval.
6.16 GENERAL
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this
PUD approval, the Managing Entity is The Old Collier Golf Club, Inc., or its
assigns. Should the Managing Entity desire to transfer the monitoring and
commitments to a successor entity, then it must provide a copy of a legally
binding document that needs to be approved for legal sufficiency by the County
Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell
off tracts, the Managing Entity shall provide written notice to County that
includes an acknowledgement of the commitments required by the PUD by the
new owner and the new owner's agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD
commitments.
B. Issuance of a development permit by a county does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the
permit if the applicant fails to obtain requisite approvals or fulfill the obligations
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imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law." (Section 125.022, FS)
C. All other applicable state or federal permits must be obtained before
commencement of the development.
D. In the event an automotive vehicle dealership (SIC Code 5511) is developed, the
site shall be designed to accommodate vehicle delivery and all loading and
unloading of vehicles shall occur within the site.
SECTION FIVE: Amendment to add Section VII, Deviations, to amend Ordinance
No. 99-97, Collier Tract 21 PUD and adding General
Commitments
Ordinance No. 99-97, Collier Tract 21 PUD, is hereby amended to add Section
VII, Deviations as follows:
SECTION VII
DEVIATIONS
Deviation 1: A deviation from LDC section 4.05.04.G., Parking Spaces Required, to
allow a Luxury Auto Dealership
to provide 65% of the parking required for a non-luxury dealership. For the purposes of
this deviation, a Luxury Auto Dealership shall be any automobile dealership (SIC Code
511) that sells only high-end luxury vehicles such as, but not limited to, Lamborghini,
Ferrari, Maserati, Lotus, BMW or Jaguar and the hours of operation may be less than a
typical automobile dealership and inventory may be limited.
SECTION SIX: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2018- 5''/ becomes
effective.
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this j 1' day of Novel .( , 2018.
ATTEST: BOARD 0 UNTY COM► SSIONERS
CRYSTAL K..KINZEL, CLERK COLLI CO TY, FL►r •
By.. . ` �_ v . - By:
; fie 4 C grk ANDY SOLIS, Chairman
Attest a } I1 S
Approved s,t0,:fdrm aq legality:
ace i$
Heidi Ashton-Cicko /Z %rf
Managing Assistant County Attorney
This ordinance filed with the
Se•arehtory of State's tfic then
'
`k, day of U ,
and acknowl edgemen that
fili received this 14 of• day
of iv w_.1G...3,0
By
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 14, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-53, which was filed in this office on November 14,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us